HomeMy WebLinkAbout1959-0287 - Ordinance - 10/15/1959ORDINANCE NO. 287
AN ORDINANCE PROHIBITING THE WRITING, COMPOSING, STEREOTYPING, PRINTING, PUB-
LISHING, SELLING, DISTRIBUTING, KEEPING FOR SALE, OR EXHIBITING ANY OBSCENE OR
INDECENT, WRITING, PAPER, MAGAZINE OR BOOK, OR DESIGNING, COPYING, DRAWING,
ENGRAVING, PAINTING., OR OTHERWISE PREPARING ANY OBSCENE PICTURE OR PRINT, OR
MOLDING, CUTTING, CASTING, OR OTHERWISE MAKING ANY OBSCENE OR INDECENT FIGURE:
OR WRITING, COMPOSING, OR PUBLISHING OF ANY NOTICE OR ADVERTISEMENT OF ANY SUCH
WRITING, PAPER, MAGAZINE, BOOK, PICTURE,PRINT, OR FIGURE WITHIN THE CORPORATE
LIMITS OF THE CITY OF COLLEGE STATION: PROVIDING FOR A PENALTY UNDER SAID OR-
DINANCE: PROVIDING FOR THE DESTRUCTION OF SUCH EVIDENCE SEIZED IN VIOLATION OF
THIS ORDINANCE AFTER CONVICTION: AND PROVIDING FOR A SAVING CLAUSE.
WHEREAS, it has come to the attention of the City Council of the City of
College Station that there are no provisions contained in the penal code of the
State of Texas, or in the Ordinances of the City of College Station adequately
prohibiting the editing, printing, selling or dissemination of obscene or de-
famatory matter, nor is there any adequate provision for the seizure of porno-
graphic material or authorityto destroy it when the violator is convicted;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION:
SECTION I.
It shall be unlawful for any person, firm or corporation in the city of
College Station to:
a. Write, compose, stereotype, print, publish, sell, distribute, offer
or exhibit for sale, or exhibit any obscene or indecent writing, paper, maga-
zine or book; or design , copy, draw, engrave, print, or otherwise prepare any
obscene or indecent picture or print; or mold, cut, cast, or otherwise make any
obscene or indecent figure for purposes of sale.
b. Write, compose or publish any note of advertisement of any such obscene
or indecent writing, paper, magazine, book, picture, print or figure.
SECTION II.
It shall be unlawful for any person, firm or corporation who resides or
has its principle office outside the City of College Station to bring into the
City of College Station for purpose of sale, any;
a. Obscene and indecent writing, paper, magazine, or book;
b. Obscene or indecent drawing, painting, print, mold, cut or cast;
c. Writing, paper, magazine or book which contains a story, article or dis-
sertation concerning immoral intrigues between men and women, or immoral
conduct, or whoring or lechery or assignations designed to arouse las-
civious thoughts and lustful desires.
Nothing contained in this ordinance shall be construed to authorize pro-
secution for any offence which is denounced by Vernon's Texas Statutes, Article
527 (P.C.) as amended.
00669
Nothing contained in this ordinance shall be construed to authorize prosecu-
tion of any person for the possession of any of the filthy, obscene or indecent
papers, magazines or books so long as such persons do not publically publicize
and display said material in public places.
SECTION III.
That any ordinance or part of any ordinance which in inconsistent with the
provisions of this ordinance is hereby expressly repealed.
SECTION IV.
That any person who violates any of the provisions of this ordinance shall
be guilty of a misdemeanor and upon convicition of the Corporation Court of the
City of College Station, shall be subject to a fine of not less than $10.00 and
not more than $200.00. In addition to the penalty provided for herein, on con-
vicition of any person for any offense defined herein, the Judge of the corpora-
tion Court in the City of College Station before whom the cause is pending, may
order any obscene or indecent writing, paper, magazine, book, picture, print, or
figure, prohibited hereinabove, be destroyed by the Chief of Police.
SECTION V.
If any part, subdivision, paragraph, clause, phrase or sentence of this
ordinance or the application of the same to a particular set of persons or cir-
cumstances should, for any reason, be held invalid, such invalidity shall in no
wise affect the remaining portions of this ordinance, and to such end the various
divisions of this ordinance are declared to be severable.
PASSED AND APPROVED this the 15th day of October, 1959.
ATTEST:
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City Secretary, N. M. McGinnis
Ernest Langford, Mayor
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